Terms Used In Utah Code > Title 4 > Chapter 37 > Part 1 - General Provisions

• Animal: means all vertebrate or invertebrate species. See Utah Code 4-14-102
• Aquaculture: means the controlled cultivation of aquatic animals. See Utah Code 4-37-103
• Aquaculture facility: means any tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture. See Utah Code 4-37-103
• Certified applicator: means an individual who is licensed by the department to apply:
       (5)(a) a restricted use pesticide; or
       (5)(b) a general use pesticide for hire or in exchange for compensation. See Utah Code 4-14-102
• Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
• Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
• Distribute: means to offer for sale, sell, barter, ship, deliver for shipment, receive, deliver, or offer to deliver pesticides in this state. See Utah Code 4-14-102
• Environment: means all living plants and animals, water, air, land, and the interrelationships that exist between them. See Utah Code 4-14-102
• EPA: means the United States Environmental Protection Agency. See Utah Code 4-14-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equipment: means any type of ground, water, or aerial equipment or contrivance using motorized, mechanical, or pressurized power to apply a pesticide. See Utah Code 4-14-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fee fishing facility: means a body of water used for holding or rearing fish for the purpose of providing fishing for a fee or for pecuniary consideration or advantage. See Utah Code 4-37-103
• FIFRA: means the Federal Insecticide, Fungicide, and Rodenticide Act. See Utah Code 4-14-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Label: means any written, printed, or graphic matter on, or attached to, a pesticide or a container or wrapper of a pesticide. See Utah Code 4-14-102
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Man: means an adult human male. See Utah Code 68-3-12.5
• Misuse: means use of any pesticide in a manner inconsistent with the pesticide's label or labeling. See Utah Code 4-14-102
• Natural flowing stream: means the same as that term is defined in Section 23A-1-101. See Utah Code 4-37-103
• Natural lake: means the same as that term is defined in Section 23A-1-101. See Utah Code 4-37-103
• Ornamental and turf pest control: means the use of a pesticide to control ornamental and turf pests in the maintenance and protection of ornamental trees, shrubs, flowers, or turf. See Utah Code 4-14-102
• Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
• Pest: means :
            (24)(a)(i) any insect, rodent, nematode, fungus, weed; or
            (24)(a)(ii) any other form of terrestrial or aquatic plant or animal life, virus, bacteria, or other microorganism that is injurious to health or to the environment or that the department declares to be a pest. See Utah Code 4-14-102
• Pesticide: means any:
       (25)(a) substance or mixture of substances, including a living organism, that is intended to prevent, destroy, control, repel, attract, or mitigate any insect, rodent, nematode, snail, slug, fungus, weed, or other form of plant or animal life that is normally considered to be a pest or that the commissioner declares to be a pest;
       (25)(b) any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant;
       (25)(c) any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive, or emulsifying agent with deflocculating properties of its own used with a pesticide to aid the pesticide's application or effect; and
       (25)(d) any other substance designated by the department by rule. See Utah Code 4-14-102
• Pesticide applicator: is a person who:
       (26)(a) applies or supervises the application of a pesticide; and
       (26)(b) is required by this chapter to have a license. See Utah Code 4-14-102
• Pesticide applicator business: means an entity that:
            (27)(a)(i) is authorized to do business in this state; and
            (27)(a)(ii) offers pesticide application services. See Utah Code 4-14-102
• Pesticide dealer: means any person who distributes restricted use pesticides. See Utah Code 4-14-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public aquaculture facility: means a tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture by the Division of Wildlife Resources, U. See Utah Code 4-37-103
• Public fishery resource: means fish produced in public aquaculture facilities and wild and free ranging populations of fish in the surface waters of the state. See Utah Code 4-37-103
• Qualifying party: means a certified qualified applicator who is the owner or employee of a pesticide applicator business and who is registered with the department as the individual responsible for ensuring the training, equipping, and supervision of all pesticide applicators who work for the pesticide applicator business. See Utah Code 4-14-102
• Reservoir constructed on a natural stream channel: means the same as that term is defined in Section 23A-1-101. See Utah Code 4-37-103
• Restricted use pesticide: means :
       (31)(a) a pesticide, including a highly toxic pesticide, that is a serious hazard to beneficial insects, animals, or land; or
       (31)(b) any pesticide or pesticide use restricted by the administrator of EPA or by the commissioner. See Utah Code 4-14-102
• Spot treatment: means the limited application of an herbicide to an area that is no more than 5% of the potential treatment area or one-twentieth of an acre, whichever is smaller, using equipment that is designed to contain no more than five gallons of mixture. See Utah Code 4-14-102
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5